If you were involved in an accident at work that left you with a broken nose, you could be entitled to claim compensation for not only the pain and suffering you had to endure, but also for all out of pocket expenses you had to cope with as a direct result of your injury. However, you would need to prove that you were not responsible for your injuries and that a third party could be held liable whether it is a work colleague or your employer. To find out more about compensation for a broken nose in an accident at work, please read on.
What are the Most Common Broken Nose Injuries Sustained in the Workplace?
You can damage your nose in a number of ways while you are at work and the damage can be done to various parts that make up your nose which are as follows:
- 2 oblong nasal bones
- The bone and cartilage that separates both nostrils known as the septum
- Nerves which are responsible for your sense of smell
- Nasal airway – this runs from your lungs to the back of your nose and is how you breathe
- The bridge – this sits at the top of your nose at the point where the nasal septum and 2 nasal bones meet
Any of the above can be negatively impacted when you suffer a broken nose and the symptoms can cause tremendous pain and discomfort which includes swelling and bleeding. Having suffered this type of injury to your nose, you may find that your sense of smell is badly affected even when you have recovered from the injury.
How Do I Prove Liability in a Broken Nose at Work Claim?
When it comes to proving liability for a broken nose injury sustained at work, you would have to show that an accident occurred through no fault of your own, but rather because of either employer negligence or the error of a work colleague. This would involve gathering as much evidence as possible surrounding the lead up to an incident that left you injured and whether or not the accident could have been avoided had there been necessary safety precautions in place.
How Much Compensation Could I Be Awarded in a Successful Broken Nose Claim?
The amount you may be awarded in a successful broken nose claim would depend on the extent of your injuries and how much they negatively impact your life and ability to work. You would need to have provided an independent medical report detailing your injuries and ideally this should be carried out by a specialist medical consultant. The information in a medical report would be used to determine how much compensation you could be awarded.
On top of this, you would be awarded the out of pocket expenses you incurred as a direct result of having suffered a broken nose in an accident at work. As a rough guide you could receive anything from £1,500 for a minor broken nose injury right up to £30,000 for a more severe fracture that results in a total loss of your sense of smell.
It is worth noting that all personal injury claims are treated as unique, but compensation amounts are calculated in two parts as detailed below:
- General damages – these are harder to work out because general damages are calculated by determining the extent of your injuries, how your ability to work has been impacted, if your injuries are life changing and as such prevent you from working and enjoy life as you knew it before you were involved in an accident at work
- Special damages – these are easier to calculate as they are based on the “actual” expenses you incurred as a direct result of having suffered a broken nose in an accident at work. This includes all travel and medical expenses as well as care costs should you need to be taken care of due to the extent of your injuries
Should I Sue My Employer if I Suffer a Broken Nose in an Accident at Work?
You have every right to seek compensation for the pain, suffering and any out of pocket expenses you incurred providing you can meet specific criteria which is as follows:
- You sustained your injuries through no fault of your own while you were carrying out your normal daily duties in the workplace
- The accident occurred in the last 3 years
- You have proof that the incident could have been avoided had the necessary safety measures been in place
- The injuries you sustained were through the error of a work colleague or due to employer negligence
It is worth noting that even if you think you may be partly responsible for sustaining your injuries, you should still seek legal advice from a lawyer who specialises in accident at work claims. The reason being that a solicitor may find that your employer could be held partly responsible for your injuries.
It is also note-worthy that all employers in the UK must by law have valid liability insurance in place and if they do not, an employer could be fined up to £2,500 a day. An employer’s insurance provider would handle your accident at work claim and would settle the compensation for a broken nose you are awarded for the pain, suffering and out of pocket expenses you incurred.
What are My Workers Rights Following an Accident at Work That Results in a Broken Nose?
All employees have rights which are protected under the law which includes when they are involved in accidents at work that results in injury. As such, your rights following a workplace accidents are detailed below:
- To seek compensation for your pain and suffering both physical and psychological as well as out of pocket expenses you incurred through no fault of your own
- That your job is safe even when you seek compensation from an employer
If you suffered a broken nose at work and your employer does not agree with you seeking compensation, you should contact an accident at work lawyer who would provide essential advice on how best to proceed.
Are There Any Benefits to Working With a Solicitor on a Claim?
There are many benefits to seeking legal advice from an accident at work lawyer if you have been injured at work. Personal injury claims can be complex legal procedures especially if an employer chooses to dispute your case against them. Having a experienced solicitor working on your behalf takes a lot of the stress and pressure of dealing with your employer and their insurance providers off the table.
A solicitor has vast experience in handling accident at work claims and they have access to legal libraries which they can use as a reference for any legal points pertaining to your claim. A solicitor would also know how to communicate with the insurers making sure that the process never takes too long by ensuring that letters are responded to in a timely manner. This alone can speed up the procedure. A solicitor would also be in the best position to negotiate fair broken nose compensation for you with the majority of claims filed by employees against an employer being settled out of court.
Another great benefit of having a solicitor represent you when filing a broken nose claim, is that they can arrange specialist treatment and therapies for you if necessary. This can be a crucial not only in ensuring you make the best recovery from your injuries but also because a specialist can provide essential medical reports which can be used as a basis for evaluating the amount of broken nose compensation you could receive.
Is There a Time Limit to Filing a Broken Nose Claim?
There is a strict time limit associated with all accident at work claims which is detailed below:
- 3 years from the date you suffered a broken nose in an accident at work
- 3 years from the date you were diagnosed as suffering from a medical condition that could be linked to your injuries
- 3 years from your 18th birthday, should you have been involved in an accident at work when you were under the age of 18
If you wait too long, you may find that you would run out of time even if you can prove that you sustained your injuries through the negligence of your employer. As such, it is far better to begin an accident at work claim as soon as possible and to contact an experienced, reputable solicitor who would provide crucial advice on how best to proceed.
Can My Employer Fire Me For Filing a Broken Nose Claim Against Them?
You cannot be sacked because you seek compensation for a broken nose sustained in the workplace. The law does not permit an employer to treat you detrimentally or unfairly if you file an accident at work claim against them. Should your employer make it clear that they do not want you do to so, or they threaten to fire you, you should seek legal advice from a solicitor who specialises in both accident at work law and employment law. The reason being that you may be entitled to file both a detrimental claim and an unfair dismissal claim against your employer.
Would a Solicitor Work on a No Win No Fee Basis on My Claim?
Once a solicitor who specialises in accident at work claims has established that you have a strong case against a negligent employer, they would typically offer to represent you on a No Win No Fee basis. A solicitor would start working on your claim after having signed a Conditional Fee Agreement (CFA) and would do so by contacting your employer and their insurance providers detailing your intentions to seek compensation.
The solicitor can start working on your case without having to request a retainer or any ongoing fees which means you would not have to worry about funding the legal representation the solicitor provides. You would only have to pay the “success fee” that is set out in the Conditional Fee Agreement if your case is upheld by a judge or your employer’s insurance providers choose to settle “out of court” and the amount would be deducted from the amount you receive.
If you lose your accident at work claim for a broken nose, you would not have to pay the “success fee” which is covered by the Conditional Fee Agreement you signed with the solicitor who represented you. The reason being that the solicitor “agreed” to take on the risk should your accident at work claim for a broken nose not be successful which is referred to as working with you on a No Win No Fee basis.